To: 'Bruce Arnold'Subject: HB 137 Hearing - Janury 10, 2008COMMITTEE ON INFRASTRUCTURE - HEARING FOR HOUSE BILL 137 JANUARY 10, 2008 HOUSE BUILDING, RM 404 TALLAHASSEE, FL
http://tinyurl.com/37opzmHere's a recap from this morning's hearing on HB 137. All quotes are as Iremember them, as I did not have a tape recorder with me. All internet linksand email addresses are listed at the bottom of this message. I arrived at 8:30AM for the hearing, which was to begin at 9:00AM. The roomwas empty except for the committee secretary, who was more than happy toaccept my request to speak. Out of perhaps 75 seats, only 25 were filled bythe time the meeting started.Representative Carlos Lopez-Cantera...[carlos.lopez-cantera@myfloridahouse.govDistrict Office:Suite 111 2300 Coral Way Miami, FL 33145-3511 Phone: (305) 442-6877 ]...the author of this bill, gave his introto the bill and stated that he had issued a "strike-through", meaning he hadchanged the wording, and the initial submission was no longer valid.However, all he changed was the speed limit offense to more than 50 milesper hour over the speed limit, up from 30mph. I was unaware of this changeand therefore did not have a copy of this revised bill.Mr. Lopez-Cantera then played a video created by a news team in Miami, onSportbike riders pulling wheelies at high speed on public roadways. In thevideo, two tickets were given out. Riders were interviewed. Statements like,"it's like a drug to me, the need for speed," and, "I just pay the ticket,no big deal."After the video, an officer from Miami spoke to the committee. Mostly heprovided testimony on accident history. One in particular was about a womanwho was killed in her SUV when a Sportbike rider slammed into her at a highrate of speed. His bike went through the driver's compartment. There was nomention of whether the woman violated his right-of-way. He spoke of how thewoman's infant was not in the car seat, but underneath the passenger seat onthe floor, gaining a considerable amount of sympathy from the committee.Questions for him from the committee members presented the first indicationof where this hearing would lead. Representative Susan Bucher felt the drag racing laws already covered thisissue and wanted to know if this current law excluded motorcycles. Mr.Lopez-Cantera did not know the answer and stated he had not researched thatlaw. She clearly thought the bill was redundant with respect to speeding.She also wanted to know why they couldn't put a helmet law repeal into thewhole package, as she feels helmets will save more lives, and is needed. Shelater stated that motorcyclists who did not wear helmets were just organdonors. Though she didn't like this bill, I didn't get any warm and fuzziesfrom her either. Another Representative, Greg Evers, testified that he was dead set againstthis bill. He had received an email where the author described a scenario bywhich a motorcyclist could be arrested for erroneous reasons (by harassmentor profiling). The author then stated at the end of the email, "I know allthis, because I'm a cop". It struck a cord with him, Mr. Evers said. Heseemed to grasp the entire concept of why this bill is so discriminating.I was first up from the audience to speak in opposition to the bill. Ipresented my case from the standpoint that the bill was discriminatory, andthat confiscation of private property was unconstitutional, and from afairness standpoint as well (motorcyclists vs. all drivers). The bill, Isaid, should be written to include all drivers because, yes, I agreed,stiffer penalties are needed for reckless driving.The first question I was asked was, do I think permanently confiscating amotorcycle is too harsh of a punishment. To which I said, yes, without adoubt, not when right-of-way violators, DUI offenders and other recklessdriving, kills without equal punishment.The second question asked was how would I propose stopping these stuntriders from violating speed laws. To which I replied, our tax money would bebetter spent finding a way to catch them. One suggestion made by Mr.Lopez-Cantera was to make it a high fine punishment for not having yourlicense plate permanently affixed, so Sportbike riders could not take themoff. This is how they get away; they can't later be identified by video.I also said, I don't like it when they do this either, but it happens muchless often than reckless driving of auto drivers, and shouldn't we work onmaking stiffer punishment for all reckless drivers, instead of singling outmotorcycles?I was also asked if I thought more graduated punishment would be acceptable,and I said yes it would, but only if the bill is written to include allmotor vehicles, not just motorcycles.Next up to speak was a representative from ABATE, who basically repeated allof the same points.Last to speak was Winn Peeples, who represents motorcycle dealers inFlorida. He also said that most of what he wanted to say, had already beencovered, but added that dealers are also 100% opposed to this bill. He sitedthe revenue netted in Florida by the sale of motorcycles. Financinginstitutions would not finance a motorcycle in Florida if this bill passes.I believe that Greg Evers approached Mr. Lopez-Cantera privately and offeredto defer the bill, rather than kill it, if Lopez-Cantera would agree. Icould not hear what was said, so this is purely speculation, but shortlyafter that private conversation, Evers approached the Chairman on the side,and the motion to vote on a deferment was issued. The committee favorablyvoted to defer the bill to a later date.Final note: At first I was discouraged that I saw no local support from areaBikers. But Winn Peeples and I agreed that those of us who were there, wasenough to work constructively in the time alotted, and push HB 137 back tothe drawing board. That and Representative Greg Evers. Winn was there onbehalf of Florida's dealers. I was there for myself, and for all ofFlorida's freedom fighters who couldn't be there.SO WHAT NOW? IT'S ALL GOOD RIGHT?Sorry. Let's be clear. This bill is NOT dead. And it *could* come up on theagenda again, though it is less likely to now than before, not without arewrite. Below is a summary of each Representative and my perceived*opinion* of their position, based on what was heard today.Representatives Richard Glorioso, Gary Aubuchon, Jimmy Patronis, Greg Eversand Nick Thomspon were all in favor of rewriting this bill to a broaderdegree; to include ALL motorists, and for stiffer penalties for recklessdriving, but with graduated punishments employed. Nick Thompson initiallywanted to kill the bill, as did Greg Evers. They all need to hear we supportthem and appreciate their proposed vision.Representative Ed Hooper wants to see offending Sportbike riders punishedseverely but conceded that a graduated punishment was better than none. Hecould be pushed over to our side, maybe. He also had a personal "story" totell about a death on a motorcycle.Representative Scott Randolph was sympathetic to our position, but feltthere was a need and agreed with a rewrite. He seems to be "on the fence".He needs to hear from us also.Representative Susan Bucher I believe would have voted no, as she seemed tofeel this bill was redundant, though she is no biker advocate. And thoughshe bears watching, I believe she will not be a contender.Representative Steve Precourt would have voted in favor of the bill as itstands. He needs to be inundated with emails and letters of opposition. Heneeds to see just how many of us vote here in Florida, and how manysupporters there for our cause in this country.Representative Michael Scionti was not present due to a recall back toactive military duty.RECOMMENDATIONS:First order of business - send a thank you letter or email to RepresentativeGreg Evers. What he did today was show 100% support in our favor. Let himknow you were watching and waiting, and you appreciate his position. He wasagainst "motorcycles only" and against the confiscation of personalproperty.Second order of business - email or call the rest.The opportunity to rewrite this bill to be a huge benefit to allmotorcyclists and include all drivers is an enormous boon to come out ofthis. I have been asked to help draft the bill in the right way, for all.There is a lot of work left to be done here before anyone can breathe a sighof relief. There will be NO COMPROMISE on discriminatory wording, or confiscation. Thebill will include all motorists or face strong opposition. Those on thecommittee who want to see this happen have stated their position clearly infavor of this. Still, don't let your guard down, don't fall back, hold theline.COMMITTEE ON INFRASTRUCTURE - All relevant documents are listed here:
http://tinyurl.com/2aqomfRepresentative Richard "Rich" Glorioso - Chair rich.glorioso@myfloridahouse.gov District Office: Suite 204110 W. Reynolds StreetPlant City, FL 33563-3379Phone: (813) 757-9110 Representative Gary Aubuchongary.aubuchon@myfloridahouse.govDistrict Office: Suite 3053501 Del Prado BoulevardCape Coral, FL 33904-7223Phone: (239) 344-4900 Representative Susan Buchersusan.bucher@myfloridahouse.govDistrict Office: Suite 1022240 Palm Beach Lakes BoulevardWest Palm Beach, FL 33409-3403Phone: (561) 682-0156 Representative Greg Eversgreg.evers@myfloridahouse.govDistrict Office: 5224 Willing StreetMilton, FL 32570-4971Phone: (850) 983-5550 Representative Ed Hoopered.hooper@myfloridahouse.govDistrict Office: Suite 2062963 Gulf to Bay BoulevardClearwater, FL 33759-4259Phone: (727) 724-3000 Representative Jimmy Patronisjimmy.patronis@myfloridahouse.govDistrict Office: Suite A455 Harrison AvenuePanama City, FL 32401-2775Phone: (850) 914-6300 Representative Stephen L. Precourtsteve.precourt@myfloridahouse.govDistrict Office: 310 South Dillard StreetSuite 400Winter Garden, FL 34787-3515Phone: (407) 814-6138 Representative Scott Randolphscott.randolph@myfloridahouse.govDistrict Office: Suite 100701 East South StreetOrlando, FL 32801-2953Phone: (407) 893-3084 Representative Nicholas R. "Nick" Thompson nick.thompson@myfloridahouse.gov District Office: Suite 2082120 Main StreetFort Myers, FL 33901-3010Phone: (239) 533-2411 Representative Michael Scionti (not present at the hearing and will probablynot be involved with this bill in the future)michael.scionti@myfloridahouse.govDistrict Office: Suite 1024221 North Himes AvenueTampa, FL 33607-6228Phone: (813) 673-4674Updates to follow as they occur.Respectfully Submitted,Dara McLain***EXPRESS YOUR OPINION IN THIS ONLINE POLL:
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